Pius IX, 1846-1878

1764. 64. The violation of any most sacred oath, and even any criminal and disgraceful action repugnant to eternal law, not only must by no means be reproved, but is even altogether lawful and worthy of the highest praise, when it is done for love of country (4).

Sec. VIII. Errors Concerning Christian Marriage

1765. 65. In no way can it be asserted that Christ raised matrimony to the dignity of a sacrament (9).

1766. 66. The sacrament of matrimony is nothing but an appendage to the contract and separable from it, and the sacrament itself consists merely in the nuptial blessing (9).

1767. 67. By natural law the bond of matrimony is not indissoluble, and in various cases divorce, properly so-called, can be sanctioned by civil authority (9, 12 [see n. 1640]).

1768. 68. The Church does not have the power to establish impediments nullifying marriage; but that power belongs to civil authority by which the existing impediments should be removed (8).

1769. 69. The Church in later centuries began to introduce diriment impediments, not by its own right, but by making use of a right which it had borrowed from the civil power (9).

1770. 70. The canons of the Council of Trent which impose the censure of anathema on those who have the boldness to deny to the Church the power of introducing diriment impediments [see n. 973 f.], are either not dogmatic, or are to be understood in accordance with this borrowed power (9).

1771. 71. The formula of the Council of Trent [see n. 990] does not oblige under penalty of nullity where the civil law prescribes another formula, and wishes to validate a marriage by the intervention of this new formula (9).

1772. 72. Boniface VIII was the first to declare that the vow of chastity taken in ordination renders marriages invalid (9).

1773. 73. A true marriage can exist between Christians by virtue of a purely civil contract; and it is false to assert that the contract of marriage between Christians is always a sacrament; or, that there is no contract if the sacrament is excluded (9, 11, 12 [see n. 1640] 23).

1774. 74. Matrimonial cases and betrothals by their very nature belong to the civil court (9, 12 [see n. 1640]).

1774a. N.B. Two other errors can contribute to this subject: about abolishing the celibacy of the clergy, and concerning the state of matrimony to be preferred to the state of virginity. The first is thoroughly discussed in the Encyclical Epistle, "Qui pluribus," Nov. 9, 1846 (1); the second in the Apostolic Letter "Multiplices inter," June 10, 1851 (8).